“Live Free or Die” may be the New Hampshire state motto, but you still need some credentials; your professional license is the lifeblood of your career as a mental health practitioner. Whether you're a New Hampshire mental health therapist, clinician, or counselor, your professional license means you have the authority to engage in independent practice, offering a range of mental health services based on your skill set. It also allows you insurance plan coverage, making your services more accessible.
According to one statistic, the number of New Hampshire mental health practitioners who lose their license yearly is estimated at 9.2% of the 2022 employment total. Some are substance abusers, others demonstrate unprofessional conduct, and others violate patient confidentiality. Still, others are victims of circumstance. It is essential to maintain professional conduct since the consequences of losing your license can be severe. You can avoid dire consequences by strictly adhering to ethical guidelines, maintaining clear boundaries with clients, and practicing proper documentation.
If you face threats to your mental health professional license, you need not manage this matter alone. The experienced Lento Law Firm professional license defense attorneys are here to offer wise counsel and help you quickly prepare an effective strategy. Contact our Professional License Defense Team at the Lento Law Firm online or by calling 888 535-3686. We are dedicated to defending your professional license and ensuring your continued ability to serve your clients.
Why Practitioners Lose Their Professional License
Practicing substance abuse is among the fastest routes to losing your professional license. You can put your license at risk if your addiction undermines safe and ethical practices, leading to situations like neglecting client care, making poor clinical decisions, or exhibiting unprofessional behavior while under the influence. If anyone reports this behavior to the relevant licensing board, the mental health practitioner will be investigated, possibly leading to disciplinary actions, including license suspension or revocation.
Unprofessional conduct is another way to jeopardize your professional license. You can lose your license if you have violated ethical codes or practice standards set by the Board of Mental Health Practice. These could include engaging in inappropriate client relationships, failing to maintain competency, or exhibiting behavior that could demonstrably harm a client. This will lead to a complaint filed against you and a subsequent investigation that results in disciplinary action, potentially including license suspension or revocation.
You can lose your license because of fraud and misrepresentation. Mental health professionals put their licenses at risk by creating false patient records, misrepresenting their credentials, or billing for services not provided. They likewise do so by forging signatures on insurance forms or making false claims about their skill set. These acts are considered unethical conduct and may cause disciplinary action by the state's Board of Mental Health Practice. If you are found guilty, the Board can suspend or revoke your license, depending on the severity of the violation.
New Hampshire law and federal HIPAA regulations mandate strict patient confidentiality for mental health professionals. You can, therefore, lose your license if you disclose a client's personal information without consent. As a breach of professional ethics, this behavior can lead to disciplinary action from the state's Board of Mental Health Practice, potentially resulting in license suspension or revocation, depending on the violation's severity.
Acting outside the scope of your professional skill set, including claiming a higher level of education or specialization than you possess, can also put your professional license at risk. If a mental health counselor who is not authorized to prescribe medication decides to prescribe medication to a patient, this would be considered practicing outside of their scope of practice, and they could face legal consequences. In New Hampshire, such behavior could lead to disciplinary action, including license suspension or revocation. Mental health professionals in New Hampshire are subject to laws and regulations that outline their scope of practice.
Your livelihood as a licensed mental health practitioner depends on your license and reputation. To avoid losing your professional mental health license in New Hampshire, you must follow the rules and regulations, meet all educational, exam, and supervision requirements, pass the National Clinical Mental Health Examination, and complete continuing education requirements.
State Body that Regulates New Hampshire Mental Health Professionals
The New Hampshire Office of Professional Licensure and Certification (OPLC) regulates and licenses mental health professionals in New Hampshire. New Hampshire's requirements for becoming a licensed substance abuse counselor are more rigorous than many other states. To become a licensed mental health counselor in New Hampshire, you must earn a bachelor's or master's degree and gain two years of supervised experience. The OPLC's mission is to protect the public by ensuring licensees adhere to professional and ethical standards. This safeguards the public from harm caused by untrained or unlicensed practitioners. The OPLC has two boards that oversee the licensing and regulation of mental health professionals:
- Board of Psychologists: Regulates and licenses psychologists in New Hampshire
- Board of Mental Health Practice: Regulates and licenses clinical mental health counselors, marriage and family therapists, social workers, and other mental health professionals
Board of Psychologists
- Ensures that psychologists adhere to professional and ethical standards
- Protects the public from harm caused by untrained or unlicensed psychologists
- Conducts complaint investigations
Board of Mental Health Practice
- Ensures that mental health professionals provide effective services
- Protects consumers from harm caused by unqualified, impaired, or unlicensed practitioners
- Regulates the licensure and ethical standards of mental health professionals
Reasons that the OPLC Disciplines Licensed Mental Health Professionals
The New Hampshire OPLC disciplines mental health professionals for a variety of issues, including:
- Sexual boundary violations
- Breaches of confidentiality
- Involvement in legal proceedings
- Practicing without a license
- Practicing while impaired
- Practicing while under a healthcare fraud conviction
The OPLC's Board of Mental Health Practice investigates complaints and acts against mental health professionals who violate the standards of practice. The Board aims to protect consumers from unqualified or impaired practitioners.
The OPLC Investigation Process
The OPLC's Board of Mental Health Practice licenses and regulates mental health professionals in New Hampshire. The OPLC's investigation process ensures that mental health professionals offer effective services and protect consumers. The OPLC investigates complaints against licensed mental health professionals by:
- Assigning a Board investigator
- Sending the licensee a copy of the complaint
- Requesting records
- Having the investigator contact the licensee and the complainant
- Having the investigator examine records and documents
- Having the investigator report to the Board
- Presenting the complaint to the Board for review
- Holding a hearing
- Deciding whether professional misconduct or unlicensed practice occurred
- Writing a final order
The investigation process:
- The OPLC Enforcement Unit receives the complaint and conducts the investigation.
- The Board may dismiss the complaint, dismiss it with a Letter of Concern, or move forward with the disciplinary process.
- The presiding officer decides on legal objections, swears in witnesses, and controls the hearing.
- The presiding officer decides which exhibits to show the Board and who will be allowed to testify.
- The presiding officer writes a final order that communicates the decision made.
The OPLC Due Process
The New Hampshire OPLC conducts due process investigations into mental health professionals based on misconduct complaints. The OPLC's due process includes the following steps:
- Complaint: The OPLC receives a complaint about a professional's conduct.
- Investigation: The OPLC investigates the complaint.
- Written response: The OPLC sends the licensee a copy of the complaint and requests a written response.
- Board review: The OPLC presents the complaint to the appropriate board for review.
- Hearing: The OPLC may conduct an administrative hearing to determine if the professional engaged in misconduct.
- Board action: The Board acts on the complaint.
- The OPLC's due process for mental health professionals ensures that professionals follow ethical codes, administrative rules, and the law.
Consequences of a New Hampshire OPLC Mental Health Professional Investigation
The consequences of a New Hampshire OPLC investigation into a mental health professional could include a Letter of Concern, a Notice of Hearing, or no further action. Consequences include:
- Letter of Concern.A non-disciplinary letter that advises the licensee to modify or eliminate certain practices. The letter is confidential and not released publicly, but it can serve as evidence in future disciplinary proceedings.
- Notice of Hearing.A public hearing at which the Board determines whether the licensee violated a rule or statute.
- Refer to the Attorney General's Office. The Board may refer the matter to the Administrative Prosecutions Unit of the Attorney General's Office.
- No further action.The Board dismisses the complaint if there is not enough evidence to support disciplinary action. The Board keeps disciplinary documents on its website for seven years.
What Happens If You Lose Your Professional License?
If the New Hampshire OPLC finds that a mental health professional violated their license, the Board may take disciplinary action. This could include a Letter of Concern, a public hearing, or the revocation of their license. Potential outcomes of an OPLC investigation include:
- Take no action. The Board may dismiss the complaint if there's insufficient evidence to support a violation.
- Issue a Letter of Concern. The Board may issue a confidential letter advising the licensee to modify or eliminate certain practices.
- Revoke the license. The Board may revoke the license if the licensee has violated the law or engaged in misconduct.
You should take an investigation seriously, as the Board's job is to protect the public. You are considered innocent until proven guilty beyond a reasonable doubt. You have the right to be present at all critical stages of the prosecution and to testify in your defense. You can use the Online License Verification website to find disciplinary documents and the status of a license.
How Identity Theft Can Affect Your Professional Mental Health License
As a licensed New Hampshire mental health professional, you are a potential target for identity thieves. In New Hampshire, identity theft can significantly affect your professional mental health license by potentially leading to investigations into alleged misconduct, license suspension, or denial if someone uses your personal information to commit fraudulent acts related to mental health practice, such as filing false insurance claims, providing unauthorized treatment, or creating a fake patient record under your name.
Identity theft that involves insurance fraud can affect your ability to get or keep a professional license, including a mental health counseling license. Someone using your information to get treatment or submit fraudulent insurance claims could link your name to fraud. This could lead to an investigation into your license or a denial of your license application or renewal. Licensing boards may take disciplinary action against you, including revoking or suspending your license.
To prevent identity fraud, you must protect your personal information, check your medical bills and statements, and report any questionable charges or fraud. You can hire a Lento Law Firm professional license defense attorney to represent you if you're accused of wrongdoing. The licensing board has more experience with the disciplinary process than you do.
Why Hire a Lento Law Firm Professional License Defense Attorney?
New Hampshire OPLCrules can be complicated, but an attorney can interpret them accurately to identify potential defenses and legal strategies. Hire a Lento Law Firm professional license defense attorney to protect your career and reputation if you're facing disciplinary action or criminal charges related to your license. Our defense attorneys can advocate for you and make sure you're treated fairly. Our attorneys can help you understand the consequences of regulatory violations and develop a defense strategy. Our attorneys can help you defend your right to practice your profession. It's essential to seek representation early in the process.
Our Lento Law Firm Professional License Defense Team Can Intervene on Your Behalf
If you face threats to your mental health professional license, do not try to handle this matter alone. Talk to an experienced Lento Law Firm professional license defense attorney who can offer wise counsel and help you quickly prepare an effective strategy. Contact our Professional License Defense Team at the Lento Law Firm online or by calling 888 535-3686.
